Refugee and Migrant Rights

Bill C-11, the Balanced Refugee Reform Act has received Royal Assent.

The government expects that the changes to the asylum system will come into effect in the next 12 to 18 months. However, changes to the humanitarian and compassionate provisions came into effect immediately.

This means

• a person cannot have two H&C applications pending at the same time;

• H&C decision makers will no longer consider risks that are assessed within the refugee protection process, i.e. risk of persecution based on grounds set out in the Refugee Convention or risk of torture, or of cruel and unusual treatment or punishment.

For more information see Citizenship and Immigration Canada

Last night the Immigration committee agreed to important amendments to Bill C-11 which provide more protection for refugees.

While the Safe Country of Origin concept remains, all refugees, including those from so called 'safe' countries will be allowed access to the Refugee Appeal Division.  Refugees from 'safe' countries will have their claims expedited, but the provisions agreed to appear to conform to the guidelines of the UNHCR.

There will be more time at the front end of the refugee process to make a claim, and the right to a lawyer will be protected. Failed refugees will be allowed to make a Humanitarian and Compassionate application within one year, and they will be allowed to raise factors related to hardship should they be removed from Canada. 

Failed claimants will not be able to make a Pre Removal Risk Assessment application in the year following a failed refugee claim, but may do so should they remain in Canada one year after they recieve their final decision from the Refugee Appeal Division.

 

The Canadian Bar Association’s (CBA) National Citizenship and Immigration Law Section says that Bill C-11, Balanced Refugee Reform Act, is flawed and is calling for the elimination of the one year bar to humanitarian and compassionate (H&C) applications, the removal of the list of safe countries, and for the full implementation of the legislation as a package, rather than a staged introduction.

“After a thorough analysis of the Bill, we are urging the government to rectify risks of injustice and ultimately risks to the lives of refugees who are placing their trust in Canada to do the right thing for them and their families,” says Mitchell Goldberg of Montreal, executive member of the CBA Section.

While the CBA accepts that innovations are needed to make the system less attractive to those who make groundless refugee claims, it is urging the government to remain vigilant against injuring fundamental fairness and individual rights in the process.

Read the CBA news release

Gustavo Gutierrez is a former Mexican policeman who led a special squad investigating the murder of women in Ciudad Juarez.   Death threats forced him to flee Mexico for Canada where his refugee claim was rejected.  He was told that while he might not be safe in Chihuahua, he could move to another part of Mexico where he would be safe.  Mexican drug cartels have been known to target and kill policemen and others who attempt to expose abuses linked to organized crime.   Amnesty is concerned about a prevailing culture of impunity which prevents those responsible for targeting people like Gustavo from being brought to justice.  It is not at all clear that Gustavo would be safe in another part of Mexico.

This week Mexican president Felipe Calderón will visit Canada. Migration is one of a number of topics on the agenda. Last year Canada imposed visa controls on Mexico in order to stem the tide of refugees coming to Canada from Mexico. It is highly likely that President Calderón will ask for the visa to be removed.

Canada will be reluctant to lift the visa, unless it can find another way to manage what it perceives to be the large volume of refugee claims which come from Mexico.  To this end, Canada has introduced Bill C-11 in order to reform the refugee determination system in Canada.  The bill makes provisions for Canada to designate a country, like Mexico, as a safe country, and will limit the access of Mexicans to refugee procedures in Canada.

Amnesty International believes that migration is best controlled by implementing robust human rights protection mechanisms in both sending and receiving countries. Visa controls and “safe” country lists merely address a symptom rather than the root cause of much migration.

Read our letter to Stephen Harper and Filipe Calderón

The government claims that the reforms proposed in Bill C-11 will result in a refugee determination process that is “fast, fair, and efficient”.  While C-11 includes some laudable initiatives, notably the implementation of the Refugee Appeal Division, its measures sacrifice a fair process for all claimants in the name of speed and efficiency. In particular, the “designated country list”, the unrealistic and inappropriate timelines, and the significant changes to humanitarian and compassionate applications are cause for serious concern. If implemented, these proposed legislative changes will violate Canada’s international and Charter obligations regarding equality before the law.  More importantly, they will increase the likelihood that persons in need of Canada’s protection will instead by exposed to risk.
 
Read Amnesty International’s comments and recommendations with respect to Bill C-11.

CLEO (Community Legal Education Ontario/Éducation juridique communautaire Ontario) has created a new online resource about federal government proposals to change rules that affect refugee claimants in Canada (Bill C-11).

In this resource you will find:

• a short summary of the government’s key proposals

• a link to the Canadian Council for Refugees “refugee reform” web page which includes links to commentary and analysis of the Bill

• information about how to express your concerns about the Bill.

Click here to find the reource

 

It appears that Bill C-11 is being rushed through the standing committee for Citizenship and Immigration; with limited opportunities for witnesses to appear.

Reports are that there will be 5 sittings for hearings in total.  The hearings will be held Tuesday May 11, Thursday May 13 and finally Tuesday May 18

The Chair of the Standing committee for Citizenship and Immigraiton will chose which witnesses will appear.

A clause by clause review of the Bill will begin May 27.

Time is running out. All members of Parliament need to be concerned about the provisions in this bill. Fairness for refugees will be sacrificed for quick processing of claims. Refugees coming from so called 'safe' countries will not have the opportunity to appeal their decision.

Young woman at a shelter for migrants, in Tierra Blanca, Veracruz State, Mexico, June 2009.
© Amnesty International (Photo: Ricardo Ramírez Arriola)

 

 

 “You don’t imagine that your dreams can end in a moment on this journey. The soldier pulled me by the hand and told me to walk further into the bushes while pointing his gun at me. He took me far away from the train tracks until we were completely alone. He told me to take my clothes off so that he could see if I was carrying drugs. He said that if I did what he said he would let me go.”   Testimony from a woman who was caught by the Mexican military after travelling on the top of a freight train in Chiapas state, Mexico.

Every year, tens of thousands of women, men and children travel through Mexico without legal permission as irregular migrants. More than nine in every 10 are Central Americans. The vast majority are headed for the US border in the hope of a new life far from the grinding poverty they have left behind. Their journey is one of the most dangerous in the world.

During the journey migrants are vulnerable to abuses by private security guards, migration officials, police, military, people traffickers and criminal gangs. Women and children, who often travel alone, are at particular risk of people trafficking and sexual assault by criminals, other migrants and corrupt public officials. Some human rights organizations estimate that as many as six in 10 women and girl migrants experience sexual violence during their journey. 

Access to justice for irregular migrants is almost non-existent. Filing a criminal complaint rarely results in an effective investigation and more than likely leads to detention and rapid deportation. Most migrants continue their journey without reporting abuses.  The failure of the authorities to prevent and punish these abuses creates a climate of impunity.

Lack of access to justice can be overcome.

Amnesty International is calling on Mexican authorities to:

• Ensure that irregular migrants, whether in detention or not, are able to report and/or file legal complaints for abuses suffered or witnessed, without fear of deportation or repatriation and can obtain temporary humanitarian visas. To this end Article 67 of the General Population Law and Article 201 of its regulatory law must be reformed.
• Establish a federally led task force to ensure that all reports of abuses, regardless of whether the perpetrator is a state agent or non-state actor, are promptly, impartially and effectively investigated, and those responsible brought to justice.
• Collect and publish data on abuses against migrants, including violent deaths and missing person reports, and actions taken to hold those responsible to account.

Read the full report and Take Action

 

NOGALES, AZ - Men who were caught crossing the U.S. border with Mexico illegally wait in a holding cell.(Photo by Spencer Platt/Getty Images)

 

 

Amnesty International is concerned that a sweeping new law to police migrants, introduced into the US state of Arizona and signed by the state governor on 23 April, will result in human rights violations, including racial profiling, arbitrary arrest and detentions.   

The law empowers police officers in Arizona to stop and interrogate any individual in the state regarding their citizenship status, and to hand over to the immigration authorities for possible prosecution, jail or deportation anyone who does not immediately present documents showing they are legally in the US.   

Amnesty International is concerned that the law does not contain safeguards against "racial profiling" - the practice of stopping someone solely on the basis of their appearance, origin or nationality - which is discriminatory and a violation of fundamental rights.  It also increases the likelihood of arbitrary arrest and detention in the case of those who may not immediately be able to present the necessary papers.

The fundamental right to liberty and to freedom from arbitrary detention is a universal human right which applies to migrants regardless of their status, and is enshrined under Article 9 of the International Covenant on Civil and Political Rights (ICCPR), which the USA has signed and ratified, as well as under the Universal Declaration of Human Rights and Article 16 of the Migrant Workers Convention.

Amnesty International is calling for the legislation to be repealed and for national legislation on immigration to include strong human rights safeguards, including due process for non-US citizens in deportation proceedings and safeguards against arbitrary detention.

The Canadian Bar Association has requested that Bill C-11, The Balanced Refugee Reform Act, be referred to Committee before second reading in the House of Commons.

The Bar Association has identified concerns regarding the practical application of the Bill and will be recommending significant amendments to sections of the Bill relating to the ‘safe country of origin’ list and limitations on applications for Humanitarian and Compassionate consideration.

Read the CBA letter here